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Terms and Conditions of Sale and Use

Terms and Conditions of Sale and Use

 Updated on March 12th, 2024

GENERAL TERMS

Welcome to Florista Flower.

These Terms and Conditions (“Terms”) govern your access to and use of our website www.florista-flower.com (the “Website”) and any purchase of products made through it.

By visiting our Website, placing an order, or using any of our services, you agree and consent to be bound by these Terms, as well as our Privacy Policy, Delivery Policy, and Return & Refund Policy.
If you do not agree, please do not use our Website or purchase from us.

 

DEFINITIONS

In these Terms:

  • “Florista Flower”, “we”, “us”, “our” – refers to the owner and operator of the Website.

  • “Website” – refers to www.florista-flower.com and any related pages we operate.

  • “Customer”, “you”, “your” – refers to any person who visits the Website or purchases products from Florista Flower.

  • “Products” – refers to any physical goods sold on our Website.

  • “Order” – refers to a purchase of Products made through the Website.

 

USE OF THE WEBSITE

You may use this Website only for lawful purposes and in accordance with these Terms.

By using the Website, you confirm that:

  • You are at least the age of majority in your jurisdiction, or you are using the Website under the supervision of a parent or legal guardian.

  • You will not use the Website for any fraudulent or illegal activity.

  • You will not attempt to interfere with the security or proper functioning of the Website.

We may suspend or terminate access to the Website at any time if we believe your use violates these Terms or applicable law.

 

PRODUCTS AND AVAILABILITY

We do our best to display product images, descriptions, and colors as accurately as possible. However:

  • Screen settings and devices may cause colors to appear slightly different.

  • All Products are made to order and subject to availability.

If an item is unavailable after your purchase, we may:

  • Cancel the affected item and refund you, or

  • Offer an alternative or a new delivery time.

We reserve the right to limit the quantities of any Products we offer.

 

PRICES, TAXES AND CURRENCY

  • All prices are shown in the currency indicated on the Website (for example, CAD or USD, depending on your region).

  • Applicable sales taxes are included or added at checkout, as specified on the Website.

  • Import duties, customs fees, or additional local taxes may apply for international orders. These are the responsibility of the Customer, as explained in our Delivery Policy.

We reserve the right to change prices at any time, but once you place an Order, the price at checkout will apply to that Order.

 

ORDERS AND CONTRACT FORMATION

By placing an Order on our Website, you:

  • Offer to purchase the Products selected under these Terms.

  • Confirm that the information provided (billing, shipping, contact details) is accurate and complete.

An Order is considered accepted when:

  • You receive an order confirmation email from us.

We may refuse or cancel an Order, in whole or in part, for reasons including (but not limited to):

  • Product unavailability

  • Errors in product information or pricing

  • Suspicion of fraud or unauthorized activity

  • Incomplete or inaccurate information

If your Order is cancelled after payment, you will receive a refund for the cancelled items.

 

PAYMENT

Payment for your Order is due at checkout.

We accept payment methods displayed on the Website (such as major credit/debit cards, PayPal, or other payment providers).

By submitting your payment information, you confirm that:

  • You are authorized to use the chosen payment method.

  • The information provided is true and accurate.

All payments are processed securely by third-party payment providers. Florista Flower does not store your full payment card details.

 

SHIPPING AND DELIVERY

Delivery times, shipping costs, and destination details are explained in our Delivery Policy, which forms part of these Terms.

Key points:

  • Most orders are processed within the timeframes indicated on the Delivery Policy page.

  • Estimated delivery times are provided as guidelines and may vary due to factors such as customs, carrier delays, or peak periods.

  • Risk of loss passes to you once the order is delivered to the shipping address you provided.

If your Order is significantly delayed, lost, or arrives damaged, please refer to our Delivery Policy and Return & Refund Policy and contact us so we can assist you.

 

RETURNS, EXCHANGES AND REFUNDS

Our Return & Refund Policy explains when and how returns, exchanges and refunds are handled. It is incorporated into these Terms.

In summary (not a replacement for the full policy):

  • Change-of-mind refunds:

    • You may cancel within 24 hours of placing your Order.
      A small $2 processing fee applies to cancellations during this window, as payment processors do not refund transaction fees.

    • After 24 hours, Orders generally enter production and change-of-mind refunds are no longer accepted.

  • Defects, damage, or printing issues:

    • If an item arrives damaged, defective, or with a genuine print quality issue, we will replace or refund it according to our Return & Refund Policy.

    • Photos are required so we can verify the issue and resolve it quickly.

  • Customer errors:

    • If the wrong address was entered and the order has already shipped, the package cannot be recovered.
      In such cases, a new order will be required, and no refund or fee applies.

       

    • The $2 processing fee applies only to voluntary change-of-mind cancellations made within the 24-hour window.

Nothing in these Terms limits your rights under applicable consumer protection laws.

 

ACCOUNTS AND SECURITY

You may have the option to create an account on our Website.

If you choose to create an account:

  • You are responsible for keeping your login details confidential.

  • You are responsible for all activities that occur under your account.

  • You agree to notify us promptly if you suspect any unauthorized use.

We may suspend or close accounts that appear to be compromised, fraudulent, or used in breach of these Terms.

 

INTELLECTUAL PROPERTY

All content on the Website — including images, designs, artwork, text, logos, graphics, and layout — is owned by or licensed to Florista Flower and is protected by copyright, trademark and other intellectual property laws.

You may:

  • View and use the Website and its content for personal, non-commercial purposes only.

You may not, without our prior written consent:

  • Copy, reproduce, modify, distribute, publicly display, or create derivative works from our content.

  • Use our name, logo, or designs in any manner that may cause confusion or imply endorsement.

 

PROHIBITED USES

You agree not to use the Website:

  • For any unlawful purpose.

  • To infringe on the rights of others.

  • To upload or transmit viruses, malware, or any harmful code.

  • To attempt to gain unauthorized access to our systems or other users’ data.

  • To interfere with or disrupt the security or performance of the Website.

We may take appropriate measures (including blocking access or reporting to authorities) if we believe your use violates these Terms or applicable law.

 

THIRD-PARTY SERVICES AND LINKS

Our Website may contain links to third-party websites or services (such as payment processors, social media platforms, analytics tools, or advertising networks).

  • These third-party sites are not under our control.

  • We are not responsible for their content, policies, or practices.

  • Your use of those websites is governed by their own terms and privacy policies.

We may also use third-party services to process payments, analyze traffic, or show ads. Their handling of data is described in our Privacy Policy.

 

COOKIES AND TRACKING

We use cookies and similar technologies to operate and improve our Website, personalize content, and analyze traffic.

Details of the cookies we use and how you can manage them are explained in our Privacy Policy.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • Florista Flower will not be liable for any indirect, incidental, or consequential damages arising from your use of the Website or Products (for example: loss of profit, data, or business opportunities).

However, nothing in these Terms seeks to:

  • Exclude or limit liability where it would be unlawful to do so; or

  • Remove your legal rights relating to defective products, non-delivery, or other mandatory consumer protections.

Where liability cannot be excluded, our total liability for any claim related to your purchase or use of the Website will, to the extent permitted by law, be limited to the amount you paid for the relevant Order.

 

INDEMNITY

You agree to indemnify and hold Florista Flower harmless from any claim or demand (including reasonable legal fees) arising from:

  • Your breach of these Terms, or

  • Your misuse of the Website,
    except where such claim arises due to our own negligence or misconduct.

 

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Canada, without regard to conflict of law principles.

Any dispute or claim arising out of or relating to these Terms, your use of the Website, or any Order shall be subject to the exclusive jurisdiction of the courts located in the province or territory where Florista Flower is based, unless mandatory law in your country provides otherwise.

Nothing in this section limits any rights you may have as a consumer under mandatory local laws.

 

CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our business, our Website, or applicable laws.

  • When we do, we will update the “Last updated” date at the top of this page.

  • The new Terms will apply to your use of the Website from the date they are posted.

If you continue to use the Website after changes are posted, you are deemed to accept the updated Terms. If you do not agree, you should stop using the Website and refrain from placing new Orders.

 

CONTACT US

If you have any questions about these Terms or how they apply to you, you can contact us at: